Drug Price Requirement for TV Ads Gets Day Before Appeals Court

A requirement that drugmakers disclose their products’ list prices in television ads heads to the D.C. Circuit in a case that will test the government’s authority to regulate commercial speech.

The U.S. Court of Appeals for the District of Columbia Circuit is slated to hear arguments Jan. 13 and could tackle central First Amendment questions that a lower court judge chose not to address.

Drugmakers Merck & Co., Eli Lilly and Co., and Amgen Inc., along with the Association of National Advertisers, argue the Department of Health and Human Services can’t compel speech by requiring them to include the list ...